Tweet
I am new to this forum. My situation is the following: I am divorced and my ex lives with the sons in Germany. In 2007 I signed in Germany a notarised agreement in which I agreed to monthly maintenance payments and payment of a lumpsum. For the payment of the lumpsum I submitted to enforcement if I would not pay. The maintenance payments do not contain such provision. In 2009 my ex obtained a European Enforcement Order in Germany under the Regulation (EC) 805/2004 for maintenance payments. In 2011 she went to the High Court in London and applied for issue of a Registration Order. The Registration Order contained a reference to CPR 74.6 to appeal, but all paperwork was send to an old address and therefore I did not know anything about it. Beginning of 2012 the Registration Order was transferred to the local County Court to attach my earnings. In May 2012 finally a bailiff found my new address and served a N56. I don't owe any monies and therefore I tried now to stop the proceedings.
I am 99% sure that the Regulation (EC) 805/2004 does not allow for a judge in England and Wales to issue a Registration Order. The Registration Order is something like Exequator and was abolished for this Regulation, to allow easier and therefore direct enforcement at the County Court. On this basis I appealed against the Registration Order at the High Court in London. First I had to overcome the hurdle of being out of time for an appeal. Permission to appeal was granted in a hearing in August 2012. Unfortunately in October my appeal was dismissed. The judge considered the Registration Order to be correct part of the enforcement proceedings under the Regulation (EC) 805/2004. In addition I was left was a heavy cost order of nearly £ 7000 for the other side. To get rid of the cost order, I prepared a second appeal at the Courts of appeal. In November I went back to Germany and achieved withdrawal of the European Enforcement Order. It should neve have been issued because the underlying notarised agreement does not contain any enforcment for maintenance payments. The withdrawal of the EEO was not part of my application to the Courts of Appeal because events only happened after I prepared the application.
Unfortunately two weeks ago the judge refused permission to appeal after reading my papers because there are no procedural errors. I applied now for an oral hearing which will take place in May. My situation is now the following. I don't have to worry about enforcement for "oustanding maintenance payments" because the EEO is withdrawn. But I don't know how to get rid of the cost order. I will mention the withdrawal of the EEO in the oral hearing in May, but I am concerned that this does not convince the judge to give permission to appeal. Now I would like to know if here is anybody who has experience with enforcement under the Regulation (EC) 805/2004 in England and Wales. I mean the case where the EEO comes from outside England and is enforced in England. I would like to know how the formal procedure looks like. I have seen documentation from the High Court in London. It looks like as if you have to apply for allocation of a Registration number at the High Court (but not for issue of a Registration Order) and than you go dircetly eg to the county court for attachement of earnings.
I would appreciate if anybody with experience in these European Regulations can share information.
I am 99% sure that the Regulation (EC) 805/2004 does not allow for a judge in England and Wales to issue a Registration Order. The Registration Order is something like Exequator and was abolished for this Regulation, to allow easier and therefore direct enforcement at the County Court. On this basis I appealed against the Registration Order at the High Court in London. First I had to overcome the hurdle of being out of time for an appeal. Permission to appeal was granted in a hearing in August 2012. Unfortunately in October my appeal was dismissed. The judge considered the Registration Order to be correct part of the enforcement proceedings under the Regulation (EC) 805/2004. In addition I was left was a heavy cost order of nearly £ 7000 for the other side. To get rid of the cost order, I prepared a second appeal at the Courts of appeal. In November I went back to Germany and achieved withdrawal of the European Enforcement Order. It should neve have been issued because the underlying notarised agreement does not contain any enforcment for maintenance payments. The withdrawal of the EEO was not part of my application to the Courts of Appeal because events only happened after I prepared the application.
Unfortunately two weeks ago the judge refused permission to appeal after reading my papers because there are no procedural errors. I applied now for an oral hearing which will take place in May. My situation is now the following. I don't have to worry about enforcement for "oustanding maintenance payments" because the EEO is withdrawn. But I don't know how to get rid of the cost order. I will mention the withdrawal of the EEO in the oral hearing in May, but I am concerned that this does not convince the judge to give permission to appeal. Now I would like to know if here is anybody who has experience with enforcement under the Regulation (EC) 805/2004 in England and Wales. I mean the case where the EEO comes from outside England and is enforced in England. I would like to know how the formal procedure looks like. I have seen documentation from the High Court in London. It looks like as if you have to apply for allocation of a Registration number at the High Court (but not for issue of a Registration Order) and than you go dircetly eg to the county court for attachement of earnings.
I would appreciate if anybody with experience in these European Regulations can share information.
